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Probate

Fishers Probate Attorneys

We Know Probate Law - Call (317) 434-1490

Probate is the process of settling financial affairs and distributing a decedent’s property. The personal representative is responsible for gathering and preserving the assets, paying the debts, filing a final tax return, and distributing the remaining money, assets, and property to the beneficiaries. Our lawyers at Massillamany Jeter & Carson LLP represent clients throughout Indiana during the probate process.

If you need the advice of a probate attorney, call our office in Fishers, IN at (317) 434-1490 to schedule an appointment for a free consultation.

When Does an Estate Have to be Probated?

Probate is not required for every estate in Indiana. However, if an estate exceeds the threshold for small estates, has no will or living trust, or whose heirs contest the provisions in the will, probate will be required. There are three types of estate administration in Indiana: supervised, unsupervised, and small estates.

Probate Services for Supervised & Unsupervised Estates

Estate administration may either be supervised or unsupervised, depending on whether the supervision of the probate court is required. When the estate meets certain requirements, it may be possible for the personal representative to file a petition for unsupervised administration of the estate. Our probate attorneys in Fishers, IN can answer any questions you have and assist you throughout the process.

You may request unsupervised probate if:

  • It is authorized in the will
  • The estate is solvent
  • The heirs are not contesting the will

There are a few key advantages to unsupervised probate. The personal representative must only file a final statement with the court, rather than a final accounting. The process is faster and less paperwork is required, so unsupervised probate is more cost-effective and efficient. However, if there are disputes, the will is being contested, there are outstanding legal claims, or the will is unusual in another way, court supervision may be deemed necessary.

If you have a question or need help with a probate issue, call (317) 434-1490 to speak with an experienced lawyer in Fishers, IN.

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